Lawyer wants Malaba jailed for six months

Human rights lawyer Musa Kika filed an urgent High Court application on Tuesday seeking the arrest of former Chief Justice Luke Malaba to Chikurubi Prison for a period of 6 months for defying a High Court order issued by Justices Zhou, Mushore, and Charehwa on 15 May 2021

Malaba turned up for work on Monday, defying a High Court ruling which said he ceased to be a judge on May 15 when he reached the retirement age of 70.

In his application, Kika wants Malaba jailed for six months if he does not desist from exercising the functions of Chief Justice of Zimbabwe either in a judicial or administrative capacity.

Kika in his application states that “ High Court declared that Malaba’s tenure as a judge and Chief Justice of Zimbabwe had come to an end at 00:00hrs on the 15th of May 2021.

“However, in complete defiance of this order, the former CJ presented himself at his office on 24 May 2021. “

“Kika seeks to have the prison term suspended on the grounds that Malaba shall forthwith cease and desist from exercising the functions of CJ either in a judicial or administrative capacity.”

“ Kika is also seeking to have an order that the record of these proceedings be placed before the Law Society’s Disciplinary and Ethics Committee for it to take any action that it may find advisable and appropriate, considering the circumstances of the matter.”

Malaba ceased to be the Judge on May 15 following a High Court ruling by Justices Happias Zhou, Edith Mushore, and Helena Charewa, as President Mnangagwa had violated the constitution by extending his contract by five years past his retirement at 70.